Law / United States / 
Illinois
HB 3851 / P.A. 104-0338 (2025), Bullying prevention: cyber-bullying by unauthorized digital replica
105 ILCS 5/27-23.7 (P.A. 104-0338, eff. )
In force since .
An AI sector rules rule binding public and private bodies.
- Obligation class
- Governance, Disclosure
As of .
What it requires
- This Act binds each school district, charter school, and non-public, non-sectarian elementary or secondary school through its policy on bullying; it names no duty for a software vendor or other provider.
- Create, maintain, and implement a policy on bullying that includes the statutory definition of bullying, file it with the State Board of Education, review and re-evaluate it every 2 years, and file the updated policy by September 30 of the subject year.
- Treat the posting or distribution by electronic means of an unauthorized digital replica of an individual as cyber-bullying, beginning with the 2026-2027 school year, when the posting or distribution creates any of the effects the definition of bullying lists.
- Include in the policy procedures for informing the parents or guardians of all students involved within 24 hours after the school's administration is made aware of the incident, and for promptly investigating each report, making all reasonable efforts to complete the investigation within 10 school days.
These lines are LexLint's reading of the law's text, as of .
What this law does
Each school district, charter school, and non-public, non-sectarian elementary or secondary school must create, maintain, and implement a policy on bullying and file it with the State Board of Education. Every 2 years it must review and re-evaluate the policy and file the updated policy by September 30 of the subject year.
Beginning with the 2026-2027 school year, the definition of cyber-bullying also includes the posting or distribution of an unauthorized digital replica by electronic means if the posting or distribution creates any of the effects enumerated in the definition of bullying. An unauthorized digital replica is the use of a digital replica of an individual without the consent of the depicted individual.
Digital replica has the meaning given to that term in the Digital Voice and Likeness Protection Act. The policy on bullying must include procedures for informing parents or guardians of all students involved in the alleged incident within 24 hours after the school's administration is made aware of the students' involvement.
The policy must also contain procedures for promptly investigating and addressing reports of bullying, making all reasonable efforts to complete the investigation within 10 school days after the report was received. The Act took effect .
When LexLint raises it
When your app profile says your app serves under-18s.